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… « Citation DataOriginal Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … A-0 MARY PEZZUTO, Plaintiff-Respondent, v. MURPHY PAVING COMPANY and JEFF MURPHY, Defendants-Appellants. …
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… Submitted December 7, 2022 – Decided January 19, 2023 Before Judges Gooden Brown and DeAlmeida. On appeal from the … the trial court made clear the State offered to recommend a six-year term of imprisonment, subject to NERA, in … HAD MADE. 4 A-1651-21 II. We defer to the trial court's factual findings made after an evidentiary hearing on a …
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… Submitted January 23, 2023 – Decided February 1, 2023 Before Judges Whipple, Mawla, and Smith. NOT FOR PUBLICATION … v. J.L.G., 450 N.J. Super. 113, 119 (App. Div. 2015). The facts and procedural history are meticulously set forth in … mother, S.H. (Samantha). We add the following brief comments. The judge conducted the hearing over the course of …
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… Submitted December 20, 2022 – Decided March 2, 2023 Before Judges Geiger and Berdote Byrne. On appeal from the … In February 2021, plaintiff and defendant began living together. Plaintiff's adult daughter, Ellie,1 also lived at … her testimony at trial. The trial court ruled defendant committed the predicate act of harassment, N.J.S.A. …
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… APPELLATE DIVISION DOCKET NO. A-2961-21 NED BEVELHEIMER and SPORTSLAND, LTD, Plaintiffs-Appellants, v. WILLIAM MUIRHEAD … Submitted December 6, 2022 – Decided December 13, 2022 Before Judges Berdote Byrne and Fisher. On appeal from the … payments, the buyer defaulted, prompting the seller1 to commence this action for damages – based on ten legal …
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… Argued September 28, 2022 – Decided October 6, 2022 Before Judges Messano and Gummer. On appeal from the Superior … POINT I THE HEARING COURT ERRED BY FINDING AGGRAVATING FACTOR ONE WAS PROPERLY CONSIDERED BY THE SENTENCING COURT. … that offense imposes criminal liability for the homicide committed in the course of a felony in the event that intent …
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… Submitted February 27, 2023 – Decided March 17, 2023 Before Judges Smith and Marczyk. On appeal from the Superior … to signal for a turn. The officer smelled raw marijuana coming from within the vehicle. When the officer searched … petition "is necessarily deferential to [the] PCR court's factual findings based on its review of live witness …
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… Submitted May 23, 2023 – Decided July 27, 2023 Before Judges Gilson and Gummer. On appeal from the Superior … 2C:39-5(b); and second-degree possession of a firearm while committing an offense involving controlled dangerous … ASSISTANCE AT SENTENCING MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW. Defendant also filed a brief he …
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… Submitted January 9, 2024 – Decided February 5, 2024 Before Judges Whipple and Enright. On appeal from the Superior … is limited. R. 1:36-3. 2 A-4000-21 PER CURIAM This case comes to us after being referred to a merits panel from the … only Point I remains for our consideration. 3 A-4000-21 The facts are undisputed. On June 25, 2019, defendant was …
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… Defendant-Appellant, and JERSEY CENTRAL POWER AND LIGHT COMPANY and FIRSTENERGY CORPORATION, Defendants. … Argued January 24, 2024 – Decided February 8, 2024 Before Judges Susswein and Vanek. On appeal from an … nondisclosure, a judge should 'state with particularity the facts, without disclosing the secrets sought to be …
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… Submitted May 29, 2024 – Decided June 4, 2024 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … pizzeria on the first floor of the Secaucus property. The commercial foreclosure action was filed on October 1, 2015 … N.J.S.A 2A:50-73, and failed to provide sufficient factual findings and legal conclusions contrary to Rule …
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… v. 560 55 STREET, LLC, a NEW JERSEY LIMITED LIABILITY COMPANY, and MENDEL DEUTSCH, individually. … Submitted January 16, 2024 – Decided April 9, 2024 Before Judges DeAlmeida and Bishop-Thompson. On appeal from … law and the legal consequences that flow from established facts are not entitled to any special deference.'" Rowe v. …
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… Submitted November 13, 2023 – Decided November 27, 2023 Before Judges Sabatino and Vinci. On appeal from the New … unit for sixty days, and was referred to the classification committee for further action. Based on our review of the … erred" in applying the "legislative policies to the facts." In re Carter, 191 N.J. 474, 482- 83 (2007) (quoting …
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… NO. A-1390-22 WELLS FARGO NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED … error in the decision, we affirm. We sketched the essential facts in our 2020 decision affirming the final judgment of … borrowed $550,000 from plaintiff's predecessor, United Community Mortgage Corp., in 2007, secured by a mortgage on …
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… Submitted October 11, 2023 – Decided October 20, 2023 Before Judges Sumners and Rose. On appeal from the Superior … se from the summary judgment dismissal of his Law Division complaint against defendant C.C., a psychiatrist who … the July 12, 2019 order under review. We summarize the facts from the motion record in a light most favorable to …
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… opinion in connection with its order to show cause why the Complaint should not be dismissed as untimely, pursuant to … held on September 12, 2023, in which plaintiff testified. For the reasons stated herein, the Complaint is dismissed. … insufficient proof of an August 2020 filing. Moreover, the fact that plaintiff concedes that his initial check went …
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… Submitted March 13, 2025 – Decided March 24, 2025 Before Judges Mawla and Walcott-Henderson. On appeal from the … reduced child support to $125 per week using the parties' income and the Child Support Guidelines consistent with their … law and the legal consequences that flow from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, …
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… Submitted May 28, 2024 – Decided September 6, 2024 Before Judges Berdote Byrne and Bishop-Thompson. On appeal … with Newark. In March 2023, plaintiff filed an eviction complaint, seeking payment for reimbursement of the … D'Agostino v. Maldonado, 216 N.J. 168, 182 (2013). The factual findings and legal conclusions of the trial judge …
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… Argued May 22, 2019 – Decided Before Judges Alvarez and Reisner. On appeal from the Superior … presents the following point of argument: THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY GRANTING SUMMARY JUDGMENT … of the entire record supports Judge Toskos's findings of fact and conclusions of law. The evidence was so one-sided …
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… Argued June 26, 2018 – Decided Before Judges Nugent and Accurso. On appeal from Superior … F) DEFENSE COUNSEL'S SUMMATION CONTAINED TROUBLING COMMENTS. G) 1) (GENERAL) EVEN IF THE COURT FINDS THAT EACH … that he somehow gained access to the home. That access, together with the court's finding regarding the lockbox and …